BILL NUMBER: AB 65 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 2, 2011
INTRODUCED BY Assembly Member Gatto
DECEMBER 9, 2010
An act to amend Section 9087 Sections 9084
and 9086 of the Elections Code, and to amend Section
88003 Sections 88001 and 88002 of the Government
Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 65, as amended, Gatto. Initiatives: fiscal impact:
disclaimer. Elections: statewide ballot pamphlet.
Existing law specifies information that must be included in the
statewide ballot pamphlet for each state measure to be voted upon.
This bill would require the Secretary of State to include in the
ballot pamphlet a list of the 5 highest contributors of $50,000 or
more to each primarily formed committee supporting each state
measure, as well as the total amount of their contributions, as of
110 days before election day.
The Political Reform Act of 1974, an initiative measure, generally
provides that the Legislature may amend the act to further the act's
purposes upon a 2/3 vote of each house and compliance with specified
procedural requirements.
The act also provides that, notwithstanding this requirement, the
Legislature may amend specified provisions to add to the ballot
pamphlet information regarding candidates or other information.
This bill, which would permit or require additional information to
be included in the ballot pamphlet, would therefore require a
majority vote.
Existing law requires that a ballot pamphlet containing
information regarding each statewide measure to appear on a statewide
election ballot be prepared by the Secretary of State. Existing law
further requires the Legislative Analyst to prepare for the ballot
pamphlet an analysis of each statewide measure, including a fiscal
analysis of each measure showing the amount of any increase or
decrease in revenue or cost to state or local government. Existing
law requires that for a statewide measure that would result in
increased cost to the state, that the Legislative Analyst provide an
analysis of the measure's estimated impact on the state, including an
estimate of the percentage of the General Fund that would be
expended due to the measure.
This bill would further require that, if the Legislative Analyst
determines that an initiative measure on the ballot would have a
fiscal impact on the General Fund for which additional revenues in an
amount that meets or exceeds the net increase in costs are not
provided, a statement be included in the ballot pamphlet that the
initiative measure will have an impact on the state's General Fund,
which will affect the ability of the Legislature to provide funding
for enumerated General Fund purposes.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
The act also provides that, notwithstanding this requirement, the
Legislature may amend specified provisions to add to the ballot
pamphlet information regarding candidates or other information.
This bill, which would permit or require additional information to
be included in the ballot pamphlet, would therefore require a
majority vote.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9084 of the
Elections Code is amended to read:
9084. (a) The ballot pamphlet shall contain
all of the following:
(a)
(1) A complete copy of each state measure.
(b)
(2) A copy of the specific constitutional or statutory
provision, if any, that each state measure would repeal or revise.
(c)
(3) A copy of the arguments and rebuttals for and
against each state measure.
(d)
(4) A copy of the analysis of each state measure.
(e)
(5) Tables of contents, indexes, art work, graphics,
and other materials that the Secretary of State determines will make
the ballot pamphlet easier to understand or more useful for the
average voter.
(f)
(6) A notice, conspicuously printed on the cover of the
ballot pamphlet, indicating that additional copies of the ballot
pamphlet will be mailed by the county elections official upon
request.
(g)
(7) A written explanation of the judicial retention
procedure as required by Section 9083.
(h)
(8) The Voter Bill of Rights pursuant to Section 2300.
(9) A list of the five highest contributors of fifty thousand
dollars ($50,000) or more to each primarily formed committee
supporting each state measure and the total amount of each of their
contributions. Following the list shall be a statement that the list
reflects only the highest contributors of fifty thousand dollars
($50,000) or more as of 110 days before election day. For purposes of
this paragraph, all of the following apply:
(A) If a contributor is a committee controlled by a candidate, the
name of the candidate shall be listed.
(B) If a contributor is a sponsored committee, the name of the
sponsor shall be listed.
(C) The definitions set forth in Chapter 2 (commencing with
Section 82000) of Title 9 of the Government Code apply to this
paragraph.
(i)
(b) If the ballot contains an election for the office
of United States Senator, the ballot pamphlet shall contain
information on the candidates for United States
Senator. A candidate for United States Senator may purchase the space
to place a statement in the state ballot pamphlet that does not
exceed 250 words. The statement may not make any reference to any
opponent of the candidate. The statement shall
may be submitted in accordance with timeframes and
procedures set forth by the Secretary of State for the preparation of
the state ballot pamphlet.
(j)
(c) If the ballot contains a question on the
confirmation or retention of a justice of the Supreme Court, the
ballot pamphlet shall contain information on the
justices of the Supreme Court who are subject to confirmation or
retention.
(k)
(d) If the ballot contains an election for the offices
of President and Vice President of the United States, the ballot
pamphlet shall contain a notice that refers voters to the
Secretary of State's Internet Web site for information about the
candidates for the offices of President and Vice President of
the United States.
SEC. 2. Section 9086 of the Elections
Code is amended to read:
9086. The ballot pamphlet shall contain as to each state measure
to be voted upon, the following, in the order set forth in this
section:
(a) Upon the top portion of the first page, and not exceeding
one-third of the page, shall appear:
(1) Identification of the measure by number and title.
(2) The official summary prepared by the Attorney General.
(3) The total number of votes cast for and against the measure in
both the State Senate and Assembly, if the measure was passed by the
Legislature.
(b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative Analyst, provided that the
analysis fits on a single page. If it does not fit on a single page,
the analysis shall begin on the lower portion of the first left page
and shall continue on subsequent pages until it is completed.
(c) Immediately below the analysis by the Legislative Analyst
shall appear the list of the five highest contributors of fifty
thousand dollars ($50,000) or more to each primarily formed committee
supporting each state measure, as required by paragraph (9) of
subdivision (a) of Section 9084.
(c)
(d) Arguments for and against the measure shall be
placed on the next left and right pages, respectively, following the
final page of the analysis of the Legislative Analyst. The rebuttals
shall be placed immediately below the arguments.
(d)
(e) If no argument against the measure has been
submitted, the argument for the measure shall appear on the right
page facing the analysis.
(e)
(f) The complete text of each measure shall appear at
the back of the pamphlet. The text of the measure shall contain the
provisions of the proposed measure and the existing provisions of law
repealed or revised by the measure. The provisions of the proposed
measure differing from the existing provisions of law affected shall
be distinguished in print, so as to facilitate comparison.
(f)
(g) The following statement shall be printed at the
bottom of each page where arguments appear: "Arguments printed on
this page are the opinions of the authors, and have not been checked
for accuracy by any official agency."
SEC. 3. Section 88001 of the Government
Code is amended to read:
88001. (a) The ballot pamphlet shall
contain all of the following:
(a)
(1) A complete copy of each state measure.
(b)
(2) A copy of the specific constitutional or statutory
provision, if any, that would be repealed or revised by each state
measure.
(c)
(3) A copy of the arguments and rebuttals for and
against each state measure.
(d)
(4) A copy of the analysis of each state measure.
(e)
(5) Tables of contents, indexes, art work, graphics
, and other materials that the Secretary of State
determines will make the ballot pamphlet easier to understand or more
useful for the average voter.
(f)
(6) A notice, conspicuously printed on the cover of the
ballot pamphlet, indicating that additional copies of the ballot
pamphlet will be mailed by the county elections official upon
request.
(g)
(7) A written explanation of the judicial retention
procedure as required by Section 9083 of the Elections Code.
(h)
(8) The Voter Bill of Rights pursuant to Section 2300
of the Elections Code.
(9) A list of the five highest contributors of fifty thousand
dollars ($50,000) or more to each primarily formed committee
supporting each state measure and the total amount of each of their
contributions as of 110 days before election day. Following the list
shall be a statement that the list only reflects the highest
contributors of fifty thousand dollars ($50,000) or more as of 110
days before election day. For purposes of this paragraph, all of the
following apply:
(A) If a contributor is a committee controlled by a candidate, the
name of the candidate shall be listed.
(B) If a contributor is a sponsored committee, the name of the
sponsor shall be listed.
(i)
(b) If the ballot contains an election for the office
of United States Senator, the ballot pamphlet shall contain
information on the candidates for United States
Senator. A candidate for United States Senator may purchase the space
to place a statement in the state ballot pamphlet that does not
exceed 250 words. The statement may shall
not make any reference to any opponent of the candidate. The
statement shall be submitted in accordance with timeframes and
procedures set forth by the Secretary of State for the preparation of
the state ballot pamphlet.
(j)
(c) If the ballot contains a question as to the
confirmation or retention of a justice of the Supreme Court, the
ballot pamphlet shall contain information on the
justices of the Supreme Court who are subject to confirmation or
retention.
(k)
(d) If the ballot contains an election for the offices
of President and Vice President of the United States, the ballot
pamphlet shall contain a notice that refers voters to the
Secretary of State's Internet Web site for information about the
candidates for the offices of President and Vice President of
the United States.
(l)
(e) A written explanation of the appropriate election
procedures for party-nominated, voter-nominated, and nonpartisan
offices as required by Section 9083.5 of the Elections Code.
SEC. 4. Section 88002 of the Government
Code is amended to read:
88002. The ballot pamphlet shall contain as to each state measure
to be voted upon, the following in the order set forth in this
section:
(a) Upon the top portion of the first page and not exceeding
one-third of the page shall appear:
(1) The identification of the measure by number and title.
(2) The official summary prepared by the Attorney General.
(3) The total number of votes cast for and against the measure in
both the State Senate and Assembly if the measure was passed by the
Legislature.
(b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative Analyst, provided that the
analysis fits on a single page. If it does not fit on a single page,
then the analysis shall begin on the lower portion of the first left
page and shall continue on subsequent pages until it is completed.
(c) Immediately below the analysis by the Legislative Analyst
shall appear the list of the five highest contributors of fifty
thousand dollars ($50,000) or more to each primarily formed committee
supporting each state measure, as required by paragraph (9) of
subdivision (a) of Section 88001.
(c)
(d) Arguments for and against the measure shall be
placed on the next left and right pages, respectively, following the
page on which the analysis of the Legislative Analyst ends. The
rebuttals shall be placed immediately below the arguments.
(d)
(e) If no argument against the measure has been
submitted, the argument for the measure shall appear on the right
page facing the analysis.
(e)
(f) The complete text of each measure shall appear at
the back of the pamphlet. The text of the measure shall contain the
provisions of the proposed measure and the existing provisions of law
repealed or revised by the measure. The provisions of the proposed
measure differing from the existing provisions of law affected shall
be distinguished in print, so as to facilitate comparison.
(f)
(g) The following statement shall be printed at the
bottom of each page where arguments appear: "Arguments printed on
this page are the opinions of the authors and have not been checked
for accuracy by any official agency."
SEC. 5. The Legislature finds and declares that
this act amends the Political Reform Act of 1974 by permitting or
requiring the inclusion of additional information on the ballot
pamphlet in accordance with Section 88007 of the Government Code.
SECTION 1. Section 9087 of the Elections Code
is amended to read:
9087. (a) (1) The Legislative Analyst shall prepare an impartial
analysis of the measure describing the measure and including a fiscal
analysis of the measure showing the amount of any increase or
decrease in revenue or cost to state or local government. If it is
estimated that a measure would result in increased cost to the state,
an analysis of the measure's estimated impact on the state shall be
provided, including an estimate of the percentage of the General Fund
that would be expended due to the measure, using visual aids when
appropriate. An estimate of increased cost to the state or local
governments shall be set out in boldface print in the ballot
pamphlet.
(2) The Legislative Analyst's analysis required in paragraph (1)
shall also determine whether an initiative measure will have a fiscal
impact on the General Fund for which additional revenues in an
amount that meets or exceeds the net increase in costs that impact
the General Fund are not provided. If the Legislative Analyst
determines that such additional revenues are not provided by the
measure, the ballot pamphlet shall include the following statement:
"This initiative measure will have an impact on the state's
General Fund, which will affect the ability of the Legislature to
provide funding for such General Fund purposes as public K-12
education, higher education, public health and human services
programs, and environmental protection, and such state and local
funding priorities as public safety, police, and fire protection,
even during times of crisis."
(b) The analysis shall be written in clear and concise terms, so
as to be easily understood by the average voter, and shall avoid the
use of technical terms wherever possible. The analysis may contain
background information, including the effect of the measure on
existing law and the effect of enacted legislation which will become
effective if the measure is adopted, and shall generally set forth in
an impartial manner the information the average voter needs to
adequately understand the measure. To the extent practicable, the
Legislative Analyst shall utilize a uniform method in each analysis
to describe the estimated increase or decrease in revenue or cost of
a measure, so that the average voter may draw comparisons among the
fiscal impacts of measures. The condensed statement of the fiscal
impact summary for the measure prepared by the Attorney General to
appear on the ballot shall contain the uniform estimate of increase
or decrease in revenue or cost of the measure prepared pursuant to
this subdivision.
(c) The Legislative Analyst may contract with a professional
writer, educational specialist, or another person for assistance in
writing an analysis that fulfills the requirements of this section,
including the requirement that the analysis be written so that it
will be easily understood by the average voter. The Legislative
Analyst may also request the assistance of a state department,
agency, or official in preparing his or her analysis.
(d) Prior to submitting the analysis to the Secretary of State,
the Legislative Analyst shall submit the analysis to a committee of
five persons, appointed by the Legislative Analyst, for the purpose
of reviewing the analysis to confirm its clarity and easy
comprehension to the average voter. The committee shall be drawn from
the public at large, and one member shall be a specialist in
education, one member shall be bilingual, and one member shall be a
professional writer. Members of the committee shall be reimbursed for
reasonable and necessary expenses incurred in performing their
duties. Within five days of the submission of the analysis to the
committee, the committee shall make recommendations to the
Legislative Analyst as it deems appropriate to guarantee that the
analysis can be easily understood by the average voter. The
Legislative Analyst shall consider the committee's recommendations,
and he or she shall incorporate in the analysis those changes
recommended by the committee that he or she deems to be appropriate.
The Legislative Analyst is solely responsible for determining the
content of the analysis required by this section.
(e) The title of the measure that appears on the ballot shall be
amended to contain a summary of the Legislative Analyst's estimate of
the net state and local government fiscal impact.
SEC. 2. Section 88003 of the Government Code is
amended to read:
88003. (a) (1) The Legislative Analyst shall prepare an impartial
analysis of the measure describing the measure and including a
fiscal analysis of the measure showing the amount of any increase or
decrease in revenue or cost to state or local government. If it is
estimated that a measure would result in increased cost to the state,
an analysis of the measure's estimated impact on the state shall be
provided, including an estimate of the percentage of the General Fund
that would be expended due to the measure, using visual aids when
appropriate. An estimate of increased cost to the state or local
governments shall be set out in boldface print in the ballot
pamphlet.
(2) The Legislative Analyst's analysis required in paragraph (1)
shall also determine whether an initiative measure will have a fiscal
impact on the General Fund for which additional revenues in an
amount that meets or exceeds the net increase in costs that impact
the General Fund are not provided. If the Legislative Analyst
determines that such additional revenues are not provided by the
measure, the ballot pamphlet shall include the following statement:
"This initiative measure will have an impact on the state's
General Fund, which will affect the ability of the Legislature to
provide funding for such General Fund purposes as public K-12
education, higher education, public health and human services
programs, and environmental protection, and such state and local
funding priorities as public safety, police, and fire protection,
even during times of crisis."
(b) The analysis shall be written in clear and concise terms, so
as to be easily understood by the average voter, and shall avoid the
use of technical terms wherever possible. The analysis may contain
background information, including the effect of the measure on
existing law and the effect of enacted legislation which will become
effective if the measure is adopted, and shall generally set forth in
an impartial manner the information the average voter needs to
adequately understand the measure. To the extent practicable, the
Legislative Analyst shall utilize a uniform method in each analysis
to describe the estimated increase or decrease in revenue or cost of
a measure, so that the average voter may draw comparisons among the
fiscal impacts of measures. The condensed statement of the fiscal
impact summary for the measure prepared by the Attorney General to
appear on the ballot shall contain the uniform estimate of increase
or decrease in revenue or cost of the measure prepared pursuant to
this subdivision.
(c) The Legislative Analyst may contract with a professional
writer, educational specialist, or another person for assistance in
writing an analysis that fulfills the requirements of this section,
including the requirement that the analysis be written so that it
will be easily understood by the average voter. The Legislative
Analyst may also request the assistance of a state department,
agency, or official in preparing his or her analysis.
(d) Prior to submitting the analysis to the Secretary of State,
the Legislative Analyst shall submit the analysis to a committee of
five persons appointed by the Legislative Analyst, for the purpose of
reviewing the analysis to confirm its clarity and easy comprehension
to the average voter. The committee shall be drawn from the public
at large, and one member shall be a specialist in education, one
member shall be bilingual, and one member shall be a professional
writer. Members of the committee shall be reimbursed for reasonable
and necessary expenses incurred in performing their duties. Within
five days of the submission of the analysis to the committee, the
committee shall make recommendations to the Legislative Analyst as it
deems appropriate to guarantee that the analysis can be easily
understood by the average voter. The Legislative Analyst shall
consider the committee's recommendations, and he or she shall
incorporate in the analysis those changes recommended by the
committee that he or she deems to be appropriate. The Legislative
Analyst is solely responsible for determining the content of the
analysis required by this section.
(e) The title of the measure that appears on the ballot shall be
amended to contain a summary of the Legislative Analyst's estimate of
the net state and local government fiscal impact.
SEC. 3. The Legislature finds and declares that
this act amends the Political Reform Act of 1974 by permitting or
requiring the inclusion of additional information on the ballot
pamphlet in accordance with Section 88007 of the Government Code.